ABSTRACT - 1

U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration DIRECTIVE NUMBER: CPL 02-01-060 EFFECTIVE DATE: 05/22/2019 SUBJECT: 29 CFR Part 1915, Subpart I, Enforcement Guidance for Personal Protective Equipment (PPE) in Shipyard Employment

ABSTRACT Purpose: To provide guidance concerning the application of current enforcement policy

and procedures for personal protective equipment (PPE) in shipyard employment. Also, to ensure consistent enforcement of 29 CFR Part 1915, Subpart I, PPE including PPE payment for shipyard employment activities.

Scope: OSHA-wide. References: See Section V. Cancellations: CPL 02-01-049, 29 CFR 1915, Subpart I, Enforcement Guidance for Personal

Protective Equipment (PPE) in Shipyard Employment, November 4, 2010. State Impact: State notice of intent and equivalency required; See Paragraph VII. Action Offices: National, Regional, and Area Offices; Consultation Project Managers. Originating Office: Directorate of Enforcement Programs. Contact: Director, Office of Maritime Enforcement 200 Constitution Avenue, N.W., Room N-3610 Washington, DC 20210 (202) 693-2399 By and Under the Authority of LOREN SWEATT Acting Assistant Secretary

ABSTRACT - 2

Executive Summary This instruction provides guidance to Occupational Safety and Health Administration (OSHA) national, regional and area offices, and State Plan programs and federal agencies concerning OSHA’s policy and procedures for implementing inspection programs to reduce injuries, illnesses, and fatalities, and eliminate workplace hazards in shipyard employment through the use of personal protective equipment (PPE). The PPE standards addressed by 29 CFR Part 1915, Subpart I are required in the ship repair, shipbuilding, and shipbreaking industries. These PPE standards apply according to their terms regardless of geographical location but do not apply to construction operations in shipyards covered by 29 CFR Part 1926. OSHA’s rule for Employer Payment for Personal Protective Equipment (72 F.R. 64341-64430) applies identical rules to all industries regarding payment for PPE including shipyard employment (29 CFR Part 1915). This instruction provides information and enforcement guidance to support OSHA’s inspection efforts in shipyard employment and:

• Supports DOL’s 2018-2022 Strategic Goal 2 – Promote Safe Jobs and Fair Workplaces for All Americans.

• Provides OSHA compliance officers with information about PPE selection and use in shipyard employment and in minimizing employee exposure to hazards.

• Supports CPL 02-00-162, Shipyard Employment “Tool Bag” Directive, dated May 22, 2019 and CPL 03-00-020, OSHA’s National Emphasis Program (NEP) on Shipbreaking, dated March 7, 2016.

Significant Changes This instruction has been revised and updated to include the following significant changes:

• Added reference to 46 CFR 160 Coast Guard Lifesaving Equipment Specifications in Section V.E. • Updated reference to DOL 2018-2022 Strategic Plan in Section V.F. • Added reference to EO 12196, Section 1-201, Occupational Safety and Health Programs for

Federal Employees in Section V.G. • Added reference to Standards Improvement Project – Phase III (SIP-III) in Section V.S. • Added reference to Walking-Working Surfaces and Personal Protective Equipment (Fall Protection

Systems), Final Rule, in Section V.V • Added OSHA’s Personal Protective Equipment Webpage in Section V.Y. • Removed paragraph (e)(4) from 1915.152 as per (SIP-III) in Section XIV.B.8. • Added reference to ANSI Z89.1-2009, American National Standard of Industrial Head Protection

in Section XIV.E.5. • Added reference to 79 FR 56491 – Personal Flotation Devices Labeling and Standards in Section

XIV.H.

i

TABLE OF CONTENTS

I. Purpose. ............................................................................................................................... 1

II. Scope. .................................................................................................................................. 1

III. Cancellation. ....................................................................................................................... 1

IV. Significant Changes. ........................................................................................................... 1

V. References. .......................................................................................................................... 1

VI. Expiration Date. .................................................................................................................. 3

VII. Federal Program Change – Notice of Intent and Equivalency Required. ........................... 3

VIII. Action Information.............................................................................................................. 4

A. Responsible Office. ....................................................................................................... 4 B. Action Offices. .............................................................................................................. 4 C. Information Offices. ...................................................................................................... 4

IX. Actions Required. ............................................................................................................... 4

X. Federal Agencies. ................................................................................................................ 5

XI. Definitions........................................................................................................................... 5

XII. Application. ......................................................................................................................... 7

XIII. Background. ........................................................................................................................ 8

XIV. Inspection Guidelines for Shipyard Employment. .............................................................. 9

A. 1915.151 Scope, application, and definitions. ............................................................ 11 B. 1915.152 General requirements. ................................................................................. 12 C. 1915.153 Eye and face protection. .............................................................................. 14 D. 1915.154 Respiratory protection. ................................................................................ 16 E. 1915.155 Head protection. .......................................................................................... 17 F. 1915.156 Foot protection. ........................................................................................... 19 G. 1915.157 Hand and body protection. .......................................................................... 21 H. 1915.158 Lifesaving equipment.................................................................................. 24 I. 1915.159 Personal fall arrest systems. ........................................................................ 25 J. 1915.160 Positioning device systems. ........................................................................ 30 K. 1910.95 Hearing protection (Occupational Noise Exposure). .................................... 31 L. Appendix A to Subpart I of Part 1915. ....................................................................... 33 M. Appendix B to Subpart I of Part 1915 ........................................................................ 33

XV. Employer Obligations to Provide and Pay for Personal Protective Equipment (PPE). .... 33

XVI. Citation Policy for PPE Payment. ..................................................................................... 42

XVII. PPE Standards Reference Table........................................................................................ 46

1

I. Purpose.

This instruction has been developed to provide enforcement guidance related to PPE and to assist CSHOs in conducting inspections.

II. Scope.

This instruction applies OSHA-wide. III. Cancellation.

This instruction cancels OSHA Instruction CPL 02-01-049, 29 CFR 1915, Subpart I, Enforcement Guidance for Personal Protective Equipment (PPE) in Shipyard Employment, November 4, 2010.

IV. Significant Changes. This instruction has been revised and updated to include the following significant changes:

• Added reference to 46 CFR 160 Coast Guard Lifesaving Equipment Specifications in Section V.E.

• Updated reference to DOL 2018-2022 Strategic Plan in Section V.F. • Added reference to EO 12196, Section 1-201, Occupational safety and health

programs for Federal employees in Section V.G. • Added reference to Standards Improvement Project – Phase III (SIP-III) in Section

V.S. • Added reference to Walking-Working Surfaces and Personal Protective Equipment

(Fall Protection Systems), Final Rule, in Section V.V • Added OSHA’s Personal Protective Equipment Webpage in Section V.Y. • Removed paragraph (e)(4) from 1915.152 as per (SIP-III) in Section XIV.B.8. • Added reference to ANSI Z89.1-2009, American National Standard of Industrial

Head Protection in Section XIV.E.5. • Added reference to 79 FR 56491 – Personal Flotation Devices Labeling and

Standards in Section XIV.H.

V. References.

A. 29 CFR Part 1910, General Industry Standards. B. 29 CFR Part 1915, Shipyard Employment Standards. C. 29 CFR Part 1926, Construction Standards. D. 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational

Safety and Health Programs and Related Matters.

2

E. 46 CFR Part 160, Coast Guard Lifesaving Equipment Specifications. F. Department of Labor 2018-2022 Strategic Plan, Department of Labor Strategic Plan

for Fiscal Years 2018-2022. G. Executive Order 12196, Section 1-201, Occupational Safety and Health Programs for

Federal Employees.

H. 53 F.R. 48092, Shipyard Employment Safety Standards, November 29, 1988. I. 54 F.R. 33832, Personal Protective Equipment for General Industry; Proposed Rule,

August 16, 1989. J. 55 F.R. 13360, Walking and Working Surfaces, Personal Protective Equipment (Fall

Protection Systems); Notice of Proposed Rulemaking; Slips; Falls; Trips, April 10, 1990.

K. 59 F.R. 16334, Personal Protective Equipment for General Industry, April 6, 1994. L. 59 F.R. 34586, Personal Protective Equipment for Shipyard Employment, July 6,

1994. M. 59 F.R. 64173, Personal Protective Equipment for Shipyard Employment, December

13, 1994. N. 61 F.R. 26321, Personal Protective Equipment for Shipyard Employment; Final Rule,

May 24, 1996. O. 63 F.R. 1152, 29 CFR Parts 1910 and 1926, Respiratory Protection; Final Rule,

January 8, 1998. P. 72 F.R. 64341-64430, Employer Payment for Personal Protective Equipment; Final

Rule, November 15, 2007. Q. 74 F.R. 46350-46361, Updating OSHA Standards Based on National Consensus

Standards; Personal Protective Equipment, September 9, 2009.

R. 75 F.R. 28861-29153, Walking Working Surfaces and Personal Protective Equipment (Fall Protection Systems), Notice of Proposed Rulemaking, May 24, 2010.

S. 76 F.R. 33590-33612, Standards Improvement Project – Phase III, June 8, 2011. T. 77 F.R. 37599, Updating OSHA Standards Based on National Consensus Standards;

Head Protection, June 22, 2012. U. 81 F.R. 16085, Updating OSHA Standards Based on National Consensus Standards;

Eye and Face Protection, March 25, 2016.

3

V. 81 F.R. 82494, Walking-Working Surfaces and Personal Protective Equipment (Fall

Protection Systems), Final Rule, November 18, 2016. W. Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)(1-2)). X. OSHA Publication 3151-12R-2004, Personal Protective Equipment. Y. OSHA Personal Protective Equipment Webpage. Z. National Institute for Occupational Safety and Health (NIOSH’s) “Recommendations

for Chemical Protective Clothing Database”. AA. OSHA Occupational Noise Exposure Webpage. BB. OSHA Directives.

• OSHA Instruction CPL 02-00-160, Field Operations Manual (FOM), August 2, 2016.

• OSHA Instruction CPL 03-00-020, OSHA’s National Emphasis Program (NEP)

on Shipbreaking, March 7, 2016. • OSHA Instruction CPL 02-00-111, Citation Policy for Paperwork and Written

Program Requirement Violations, November 27, 1995. • OSHA Instruction CPL 02-00-158, Inspection Procedures for the Respiratory

Protection Standard, June 26, 2014. • OSHA Instruction CPL 02-00-162, Shipyard Employment “Tool Bag” Directive,

May 22, 2019.

• OSHA Instruction TED 01-00-015, OSHA Technical Manual (OTM), January, 20, 1999.

VI. Expiration Date.

This instruction will remain in effect until canceled or superseded by instruction or notice.

VII. Federal Program Change – Notice of Intent and Equivalency Required.

This instruction, which provides guidance for the enforcement of standards and payment applicable to personal protective equipment (PPE) in shipyard employment describes a federal program change for which notice of intent and equivalency are required. States with OSHA-approved State Plans that cover private-sector maritime employment (California, Minnesota, Vermont and Washington - i.e., activities addressed in 29 CFR

4

Part 1915 – Shipyard Employment, as well as those with public-sector employees engaged in these activities, are expected to have enforcement policies and procedures in place for their maritime operations which are at least as effective as those in this instruction. State Plans with private- or public-sector maritime employees within their jurisdiction are required to notify OSHA within 60 days whether they intend to adopt policies and procedures identical to those in this instruction or adopt or maintain different policies and procedures. States without any private- or public-sector maritime employment should so indicate in their response. If a State Plan adopts or maintains policies and procedures that differ from federal policies and procedures, the State must identify the differences and may either post its policy on its website and provide the link to OSHA or submit an electronic copy to OSHA with information on how the public may obtain a copy. If the State adopts policies and procedures that are identical to federal policies and procedures, the State must provide the date of adoption to OSHA. State adoption must be accomplished within 6 months, with posting or submission of documentation within 60 days of adoption. OSHA will provide summary information on the State responses to this instruction on its website at: www.osha.gov/dcsp/osp/index.html.

VIII. Action Information.

A. Responsible Office. Directorate of Enforcement Programs (DEP), Office of Maritime Enforcement (OME).

B. Action Offices.

National, Regional, and Area Offices; Consultation Project Managers; and State Plan States.

C. Information Offices.

None. IX. Actions Required.

The policies and procedures set forth in this instruction are effective immediately and will remain in effect until canceled by proper authority. OSHA Regional Administrators, Area Directors and National Office Directors must ensure that the policies and procedures set forth in this instruction are followed. Regional Administrators also must ensure that State Plan State Designees and Consultation Program Managers in their regions are informed of the requirements of this instruction and encourage the involvement of Consultation Programs in shipyard employment.

5

X. Federal Agencies.

This instruction describes a change that may affect federal agencies. It is the responsibility of the head of each federal agency to establish and maintain an effective and comprehensive safety and health program. Executive Order 12196, Section 1-201 and 29 CFR 1960.16 require federal agencies to adopt policies and procedures necessary to provide a level of protection equivalent to that provided by OSHA standards and regulations.

XI. Definitions.

A. Anchorage: A secure point of attachment for lifelines, lanyards, or deceleration devices (29 CFR 1915.151(b)).

B. Body Belt: A strap with means for both securing it about the waist and attaching it to

a lanyard, lifeline, or deceleration device (29 CFR 1915.151(b)). NOTE: Body belts cannot be used with a personal fall arrest system, but can be used in a positioning device system or restraint (horizontal tether) device. (29 CFR 1915.159(b)(6)(i)).

C. Body Harness: Straps that may be secured about the employee in a manner that will

distribute the fall arrest forces over at least the thighs, shoulders, chest and pelvis with means for attaching it to other components of a personal fall arrest system (29 CFR 1915.151(b)).

D. Connector: A device that is used to couple (connect) parts of a personal fall arrest

system or parts of a positioning device system together. It may be an independent component of the system, such as a carabineer, or it may be an integral component of part of the system (such as a buckle or D-ring sewn into a body belt or body harness or a snaphook spliced or sewn to a lanyard or self-retracting lanyard) (29 CFR 1915.151(b)).

E. Deceleration Device: Any mechanism, such as a rope grab, ripstitch lanyard,

specially woven lanyard, tearing or deforming lanyard, or automatic self-retracting lifeline/lanyard, that serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy imposed on an employee during fall arrest (29 CFR 1915.151(b)).

F. Deceleration Distance: The additional vertical distance that a falling employee

travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee’s body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop (29 CFR 1915.151(b)).

6

G. Equivalent: Alternative designs, materials, or methods to protect against a hazard that the employer can demonstrate will provide an equal or greater degree of safety for employees than the method or item specified in the standard (29 CFR 1915.151(b)).

H. Free Fall: The act of falling before a personal fall arrest system begins to apply force

to arrest the fall (29 CFR 1915.151(b)). I. Free Fall Distance: The vertical displacement of the fall arrest attachment point on

the employee’s body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before the device operates and fall arrest forces occur (29 CFR 1915.151(b)).

J. Lanyard: A flexible line of rope, wire rope, or strap that generally has a connector at

each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage (29 CFR 1915.151(b)).

K. Lifeline: A component consisting of a flexible line for connection to an anchorage at

one end to hang vertically (vertical lifeline), or for connection to anchorages at both ends to stretch horizontally (horizontal lifeline), and serves as a means for connecting other components of a personal fall arrest system to the anchorage (29 CFR 1915.151(b)).

L. Lower Levels: Those areas or surfaces to which an employee can fall. Such areas or

surfaces include, but are not limited to, ground levels, floors, ramps, tanks, materials, water, excavations, pits, vessels, structures, or portions thereof (29 CFR 1915.151(b)).

M. Personal Fall Arrest System: A system used to arrest an employee in a fall from a

working level. It consists of an anchorage, connectors, body belt or body harness and may include a lanyard, a deceleration device, a lifeline, or a suitable combination of these (29 CFR 1915.151(b)).

NOTE: The use of a body belt for fall arrest is prohibited.

N. Positioning Device System: A body belt or body harness system rigged to allow an

employee to be supported at an elevated vertical surface, such as a wall or window, and to be able to work with both hands free while leaning (29 CFR 1915.151(b)).

O. Qualified Person: A person who by possession of a recognized degree or certificate

of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems related to the subject matter and work (29 CFR 1915.151(b)).

P. Restraint (Tether) Line: A line from an anchorage, or between anchorages, to which

the employee is secured in such a way as to prevent the employee from walking or

7

falling off an elevated work surface. A restraint line is not necessarily designed to withstand forces resulting from a fall (29 CFR 1915.151(b)).

Q. Rope Grab: A deceleration device which travels on a lifeline and automatically, by

friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/level locking or both (29 CFR 1915.151(b)).

R. Shipyard Employment: Ship repairing, shipbuilding, shipbreaking and related

employments (29 CFR 1915.4(i)). S. Ship Repair: Any repair of a vessel including, but not restricted to, alterations,

conversions, installations, cleaning, painting, and maintenance work (29 CFR 1915.4(j)).

T. Shipbuilding: The construction of a vessel including the installation of machinery

and equipment (29 CFR 1915.4(k)). U. Shipbreaking: Any breaking down of a vessel’s structure for the purpose of

scrapping the vessel, including the removal of gear, equipment or any component part of a vessel (29 CFR 1915.4(l)).

V. Vessel: Includes every description of watercraft or other artificial contrivance used,

or capable of being used, as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water (29 CFR 1915.4(f)).

XII. Application.

This instruction applies OSHA-wide to all interventions, inspections and violation abatement assistance involving shipyard employment activities. This instruction also applies to OSHA outreach efforts that include compliance assistance, cooperative programs, training and education.

Further, this instruction applies to all State On-Site Consultation Programs that provide consultative services to the private sector, including shoreside shipyard employment activities (states of California, Minnesota, Vermont and Washington). These programs are expected to provide safety and health program assistance, training, education, hazard identification and abatement assistance to employers who voluntarily consent to them. OSHA’s On-site Consultation Programs offer free and confidential occupational safety and health services to small and medium-sized businesses in all states and several territories, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing and improving safety and health programs. To locate the OSHA On-site Consultation

8

Program nearest you, call 1-800-321-6742 (OSHA) or visit www.osha.gov/dcsp/smallbusiness/index.html.

Comprehensive guidance for OSHA offices to establish or support intervention and inspection programs in the shipyard employment industry, including 29 CFR 1915 Subpart I, is provided in CPL 02-00-162, Shipyard Employment “Tool Bag” Directive.

XIII. Background.

The OSHA standards for PPE in shipyard employment are found in OSHA’s Shipyard Employment standards and in applicable provisions in the General Industry and Construction standards that address hazards or conditions not covered by Shipyard Employment standards. In 1971, OSHA adopted the PPE requirements of established federal standards and national consensus standards. The ship repair, shipbuilding and shipbreaking standards were consolidated into 29 CFR Part 1915 in 1982. However, this consolidation did not alter the substantive requirements of these standards nor affect the applicability of the 29 CFR Parts 1910 and 1926 to shipyard employment hazards or conditions that were not addressed in Part 1915.

In 1988, OSHA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (53 F.R. 48092, November 29, 1988) for Subpart I of Part 1915, Personal Protective Equipment (PPE). This proposed rule updated the pertinent references to national consensus standards, incorporated 1910.134 (respiratory protection) by reference to replace the less comprehensive provisions in 1915.152, and added requirements for hazard assessment, training, fall protection systems and positioning device systems. The Shipyard Employment Standards Advisory Committee (SESAC) was established in early 1989, and provided OSHA with comments on the proposed PPE standard and other applicable PPE related issues. Following publication of the proposed Part 1915 Shipyard PPE standard, OSHA initiated two rulemakings to address PPE standards in general industry. The first of these PPE rulemakings was proposed on August 16, 1989, (54 F.R. 33832) and covered eye, face, hand and foot PPE. The Agency published the final standards for this rulemaking on April 6, 1994 (59 F.R. 16334). The second PPE rulemaking proposed to add requirements for personal fall arrest systems and positioning device systems to the general industry PPE standards (Docket S-057; NPRM at 55 F.R. 13360, April 10, 1990). This second general industry PPE rulemaking remains in process. The Agency determined that the information in the above noted rulemaking records were relevant to the issues raised in the shipyard employment PPE proposal. Accordingly, on July 6, 1994, OSHA reopened the shipyard employment PPE rulemaking record (59 F.R. 34586) to incorporate the general industry PPE docket and to allow an opportunity for the public to comment. The comment period for the shipyard employment PPE reopening ended August 22, 1994. In lieu of a hearing, OSHA held an informal public meeting on January 25, 1995, (59 F.R. 64173) to allow comments and testimony on the aforementioned rulemakings with emphasis on hazard assessment, certification of

9

training requirements, body belts and body harnesses. This rulemaking record closed on February 18, 1995. The final shipyard employment PPE rule, published on May 24, 1996, became effective August 22, 1996, except for 1915.159(b)(6) and 1915.160(b)(2) which became effective November 20, 1996, and for the introductory text of 1915.159 and 1915.160(a)(4) which became effective on January 1, 1998 (61 F.R. 26322). In addition, applicable paperwork requirements were approved under OMB Control Number 1218-0215. The shipyard employment PPE standards provided guidance for the selection and use of PPE as well as clearer requirements that are performance oriented, where appropriate. On November 15, 2007, OSHA issued a final rule for Employer Payment for Personal Protective Equipment (72 F.R. 64341-64430) that provides identical rules to all industries regarding payment for PPE including shipyard employment. On September 9, 2009, OSHA issued a final rule (74 F.R. 46350-46361) to revise the PPE sections of its General Industry, Shipyard Employment, Longshoring and Marine Terminals standards regarding requirements for eye and face protective devices, head protection and foot protection. This revision updated the references in OSHA’s regulations to recognize more recent editions of the applicable national consensus standards and required safety equipment to comply with the applicable PPE design provisions. On June 22, 2012, OSHA issued a final rule (77 F.R. 37599) updating its PPE requirements for head protection, incorporating by reference into 1910.155(b)(1) the 2009 edition of the American National Standard for Industrial Head Protection, which is the most recent version of that standard, and deleting the 1986 edition of that national consensus standard because it is out of date. The revisions allow use of helmets that comply with the three most recent editions of the consensus standard. On March 25, 2016, OSHA issued a final rule (81 F.R. 16085) to update the references in OSHA's eye and face standards to reflect the most recent edition of the ANSI/International Safety Equipment Association (ISEA) eye and face protection standard. It removed the oldest-referenced edition of the same ANSI standard. It also amended other provisions of the construction eye and face protection standard to bring them into alignment with OSHA's general industry and maritime standards.

XIV. Inspection Guidelines for Shipyard Employment.

The compliance safety and health officer (CSHO) must determine whether the employer is in compliance with the 29 CFR Part 1915, Subpart I, PPE requirements (1915.152 through 1915.160), other standards applicable to shipyard employment that require PPE (See NOTE, below), and with the final rule for Employer Payment for Personal Protective Equipment dated November 15, 2007 (February 13, 2008 effective date). NOTE: The following are some of the standards applicable to shipyard employment that contain provisions requiring PPE. For specific applicability of 29 CFR 1910 standards to

10

shipyard employment, reference Appendix A of the Shipyard Employment "Tool Bag" Directive. Shipyard Employment Standards

• 1915.12 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.

• 1915.13 Cleaning and other cold work. • 1915.32 Toxic cleaning solvents. • 1915.33 Chemical paint and preservative removers. • 1915.34 Mechanical paint removers. • 1915.35 Painting. • 1915.51 Ventilation and protection in welding, cutting and heating. • 1915.53 Welding, cutting and heating in way of preservative coatings. • 1915.71 Scaffolds or staging. • 1915.73 Guarding of deck openings and edges. • 1915.77 Working surfaces. • 1915.134 Abrasive wheels. • 1915.135 Powder actuated fastening tools. • 1915.152 General requirements. • 1915.153 Eye and face protection. • 1915.155 Head protection. • 1915.156 Foot protection. • 1915.157 Hand and body protection. • 1915.158 Lifesaving equipment. • 1915.159 Personal fall arrest systems (PFAS). • 1915.160 Positioning device systems. • 1915.504 Fire watches. • 1915.505 Fire response. • 1915.507 Land-side fire protection systems. • 1915.508 Training. • 1915.1001 Asbestos. • 1915.1026 Chromium (VI).

General Industry Standards

• 1910.66 Powered platforms for building maintenance. • 1910.67 Vehicle-mounted elevating and rotating work platforms. • 1910.94 Ventilation. • 1910.95 Occupational noise exposure. • 1910.119 Process safety management of highly hazardous chemicals. • 1910.120 Hazardous waste operations and emergency response. • 1910.134 Respiratory protection. • 1910.183 Helicopters. • 1910.218 Forging machines. • 1910.242 Hand and portable powered tools and equipment, general. • 1910.243 Guarding of portable powered tools.

11

• 1910.252 General requirements (for welding, cutting and brazing). • 1910.265 Sawmills. • 1910.269 Electric power generation, transmission, and distribution. • 1910.333 Selection and use of work practices (electrical). • 1910.335 Safeguards for personnel protection (electrical). • 1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.). • 1910.1017 Vinyl chloride. • 1910.1018 Inorganic arsenic. • 1910.1025 Lead. • 1910.1027 Cadmium. • 1910.1028 Benzene. • 1910.1029 Coke oven emissions. • 1910.1030 Bloodborne pathogens. • 1910.1044 1,2-dibromo-3-chloropropane. • 1910.1045 Acrylonitrile. • 1910.1047 Ethylene oxide. • 1910.1048 Formaldehyde. • 1910.1050 Methylenedianiline. • 1910.1051 1,3-Butadiene. • 1910.1052 Methylene Chloride. • 1910.1096 Ionizing radiation. • 1910.1450 Occupational exposure to hazardous chemicals in laboratories.

The guidance and information in this instruction provides a general framework to assist the CSHO during inspections of workplaces involving shipyard employment PPE.

A. 1915.151 Scope, application, and definitions.

This subpart applies to all work in shipyard employment (shipbuilding, ship repair, shipbreaking, and related employments), regardless of geographic location. Standards specifically applicable to a condition, practice, means, method, operation, or process must prevail over any general standard which might otherwise be applicable. However, general standards also may apply according to their terms to any employment and place of employment in any industry. NOTE: Construction activities at a shipyard location, such as the erection of building structures, are covered by the construction standards (29 CFR Part 1926) and are not subject to the requirements of the shipyard employment standards (29 CFR Part 1915). Paragraph 1915.151(b) defines the terms used in the shipyard PPE standard: • Anchorage • Body Belt • Body Harness

12

• Connector • Deceleration device • Deceleration distance • Equivalent • Free fall • Free fall distance • Lanyard • Lifeline • Lower levels • Personal fall arrest system • Positioning device system • Qualified person • Restraint • Rope grab

B. 1915.152 General requirements.

Inspections of workplaces subject to the PPE standards must be conducted by CSHOs in accordance with OSHA Instruction CPL 02-00-160, OSHA Field Operations Manual (FOM), August 2, 2016.

1. The CSHO must verify that the employer has conducted a workplace hazard

assessment to determine if there are hazards present, or likely to be present, which require employees’ use of PPE. In addition, the employer must have documentation that contains the occupation, the date(s) of the hazard assessment, and the name of the person performing the hazard assessment. Enforcement of non-compliance with the requirements of 1915.152(b) will be in accordance with CPL 02-00-111 (CPL 2.111), Citation Policy for Paperwork and Written Program Requirement Violations, November 27, 1995, paragraph G.3. An employer may rely upon a hazard assessment conducted for the trade or occupation of affected employees if the assessment addresses all PPE-related hazards to which employees are exposed in the course of their work activities. Non-mandatory Appendix A of 29 CFR Part 1915, Subpart I provides examples of procedures that comply with the hazard assessment requirement, including reassessment of work activities where changing circumstances make it necessary.

2. The CSHO must determine if the employer:

a. Has assessed its work activity to determine if hazards are present and has selected and is having each affected employee use the types of PPE that will protect the employee from identified hazards (1915.152(a) and (b));

b. Has communicated selection decisions to each affected employee

(1915.152(b)(2));

13

c. Has selected PPE that properly fits each affected employee (1915.152(b)(3)); and

d. Has documented the date(s) of the hazard assessment, the occupation that was

assessed for hazards, and the name of the person performing the hazard assessment (1915.152(b)(4)).

3. The CSHO must determine if affected employees are using defective or damaged

PPE. Employers are required to ensure that defective or damaged PPE is not used by their employees (1915.152(c)).

4. The CSHO must verify that all unsanitary PPE is cleaned and disinfected before it

is reissued. Employers are required to ensure that PPE has been cleaned and disinfected before being reissued to employees (1915.152(d)).

5. The CSHO must evaluate the employer’s training program, 1915.152(e)(1), to

determine whether the program meets the PPE standard’s requirements. The CSHO must determine the effectiveness of training by verifying (e.g., interviews, PPE demonstrations) that employees know at least the following:

a. When PPE is necessary; b. What PPE is necessary; c. How to properly don (put on), doff (take off), adjust and wear PPE; d. The limitations of the PPE; and e. The proper care, maintenance, useful life and disposal of the PPE. NOTE: In determining if an employee has the requisite knowledge and skill an

employer may rely upon training conforming to 29 CFR 1915.152(e)(1) that a previous employer had provided an employee, or upon the knowledge and ability to use the PPE properly that an employee can demonstrate to have gained through his or her prior experience. (See preamble to 61 F.R. 26321, Personal Protective Equipment for Shipyard Employment; Final Rule, August 22, 1996).

6. The CSHO must assess (e.g., by interviews, PPE demonstrations) whether each affected employee has the knowledge and ability to use PPE properly before being allowed to perform work that requires the use of PPE (1915.152(e)(2)). The Agency does not prescribe the means by which employers comply with this provision.

7. The CSHO must evaluate whether an employer needs to retrain the affected

employee (1915.152(e)(3)):

a. Changes in occupation or work render previous training obsolete; or

14

b. Changes in the types of PPE to be used render previous training obsolete; or

c. Inadequacies in an employee’s knowledge or use of assigned PPE indicate

that the employee has not retained the requisite understanding or skill. C. 1915.153 Eye and face protection.

Where such protection is necessary, CSHOs must verify whether an employer provides affected employees with eye and face protection as required by 29 CFR 1915.152 and .153. The employer must ensure that each affected employee uses protective eye and face protection that fits properly and protects them from potential workplace hazards identified. In addition, the employer must ensure that the protective eye and face protection is reasonably comfortable, provides unrestricted vision and movement, is durable and clean, and provides unrestricted functioning of any other required PPE. For additional information on eye and face protection, see OSHA Publication 3151-12R-2004, Personal Protective Equipment.

1. The standard requires that each affected employee must use appropriate eye or

face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acid or caustic liquids, chemical gases or vapors, or potentially injurious light radiation (1915.153(a)(1)).

2. Front and side eye protection must be used when there is a hazard from flying

objects. Detachable side protectors (e.g., clip-on or slide-on shields) meeting the pertinent requirements of this section are acceptable (1915.153(a)(2)).

3. The standard requires that each affected employee who wears prescription lenses

while engaged in operations that involve eye hazards must wear eye protection that incorporates the prescription in its design, or protection that can be worn over the prescription lenses without disturbing the proper position of either the PPE or the prescription lenses (1915.153(a)(3)).

4. When employees use equipment with filter lenses, the lenses must have a shade

number appropriate for the work being performed for protection from injurious light radiation (1915.153(a)(4)). See 1915.153, Table I-1, Filter Lenses for Protection Against Radiant Energy, which lists the necessary shade numbers for various operations.

NOTE: When goggle and helmet lenses are worn together, the shade value of the goggle and helmet lenses can be summed to satisfy the shade requirements of 1915.153, Table I-1.

5. Protective eye and face devices must comply with any of the following consensus

standards (1915.153(b)(1)):

15

a. ANSI Z87.1-2010, American National Standard Practice for Occupational and Educational Eye and Face Protection Devices (1915.153(b)(1)(i)); or

b. ANSI Z87.1-2003, American National Standard Practice for Occupational

and Educational Eye and Face Protection Devices (1915.153(b)(1)(ii)); or c. ANSI Z87.1-1989 (R-1998), American National Standard Practice for

Occupational and Educational Eye and Face Protection Devices (1915.153(b)(1)(iii)).

NOTE: Eye and face protective devices that the employer demonstrates are at least as effective as eye and face protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1915.153(b)(2)).

6. The CSHO should use OSHA Publication 3151-12R-2004, Personal Protective

Equipment, as a reference aid. The following are some examples of eye protection: • Safety spectacles or glasses have safety frames constructed of metal or

plastic and impact-resistant lenses. Permanent or detachable side protection is available on some models.

NOTE: Side protection is required when there is a hazard from flying objects.

• Detachable side protectors (e.g., clip-on or slide-on side shields) may be

permitted as long as they meet the requirements of 1915.153 (29 CFR 1915.153(a)(2)).

• Goggles are tight-fitting eye protection that completely covers the eyes, eye

sockets and the facial area immediately surrounding the eyes. They provide protection from impact, dust and splashes. Some goggles will fit over corrective lenses.

• Face shields are transparent sheets of plastic extending from the eyebrows to

below the chin and across the entire width of the employee’s head. Some are polarized for glare protection. Screen-type face shields are used around molten metal operations. Face shields protect eyes from small particles and potential splashes or sprays of hazardous liquids but will not provide adequate protection against impact hazards.

NOTE: Face shields may need to be used in conjunction with safety spectacles, safety glasses, or goggles; see American National Standard Practice for Occupational and Educational Eye and Face Protection Devices, ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-1998).

16

• Welding shields are constructed of vulcanized fiber or fiberglass and can be fitted with a filtered lens. Welding shields protect eyes from burns caused by infrared or intense radiant light; they also protect both the eyes and face from flying sparks, metal spatter, and slag chips produced during welding, brazing, soldering, and cutting operations. OSHA requires filter lenses to have a shade number appropriate to protect against harmful light radiation. For additional information on filtered lenses, see Table I-1 at 29 CFR 1915.153.

• Laser safety goggles are specialty goggles that protect against intense

concentrations of light produced by lasers. Laser safety goggles should protect for the specific wavelength of the laser and must be of sufficient optical density for the energy involved. Safety goggles intended for use with laser beams must be labeled with the laser wavelengths for which they are intended to be used, the optical density of those wavelengths, and the visible light transmission. The type of laser safety goggles chosen by the employer will depend upon the equipment and operating conditions in the workplace.

D. 1915.154 Respiratory protection.

Determine compliance using 29 CFR 1910.134 requirements.

1. The 1910.134 standard applies to respirator use where respirators are being worn to protect employees from exposure to air contaminants above an exposure limit or are otherwise necessary to protect employee health, and where respirators are required to be worn by the employee. The standard requires employers to have a written respiratory protection program that includes procedures for: respirator selection, use, fit testing, and cleaning, maintenance and repair; training in respirator use and respiratory hazards; medical evaluations of employees required to use respirators; procedures for ensuring adequate breathing air; and for evaluating the respiratory protection program’s effectiveness.

2. Where respirators are voluntarily worn by employees for comfort or other

reasons, the employer must provide such employees with the information contained in Appendix D of 1910.134 (“Information for Employees Using Respirators When Not Required Under the Standard”). In addition, the employer must establish and implement those parts of a written respiratory protection program necessary to ensure that the employee using a respirator voluntarily is medically able to use that respirator, and that it is cleaned, stored, and maintained so as not to present a health hazard to the user.

NOTE: Employers need not include in the written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering face pieces (dust masks).

NOTE: On January 8, 1998, OSHA published a final standard (63 F.R. 1152) on respiratory protection, 1910.134, which covers general industry, construction, shipyard, longshoring, and marine terminal workplaces.

17

3. The requirement for employers to implement engineering and work practice

controls is enforced in several substance specific standards (e.g., the asbestos standard at 1915.1001(g)). CSHOs must cite the respirator provisions of substance-specific Part 1915 standards when those standards apply (e.g., the asbestos standard at 1915.1001(h)). Cite 1910.134(a)(2) when the substance is listed in Table Z of 1915.1000. The requirement for employers to provide respirators is found in several-substance specific Part 1910 standards (e.g., the lead standard 1910.1025(e) and (f)). CSHOs must cite the respirator provisions of substance-specific standards when those standards apply. Cite 1910.134(a)(2) when the substance is listed only in Table Z of 1910.1000. Respirator violations are normally grouped with the overexposure to substances regulated by other standards.

4. The employer must provide the right type of respirator for the substance and level

of exposure involved. Respiratory protection equipment includes: filtering face pieces (dust masks) and other air-purifying respirators; atmosphere-supplying respirators, including supplied-air respirators and self-contained breathing apparatus; and escape only respirators. Issue citations under 1910.134(d) for not providing an appropriate respirator, unless a substance specific standard applies. For complete enforcement guidance on respiratory protection, see CPL 02-00-158, Inspection Procedures for the Respiratory Protection Standard and CPL 02-00-160, Field Operations Manual.

E. 1915.155 Head protection.

CSHOs must determine compliance with head protection requirements using 29 CFR 1915.155. Employers must require employees to wear a protective helmet or hard hat when working in areas where there is potential for injury to the head from falling objects (1915.155(a)(1)). A protective helmet designed to reduce electrical shock hazards must be worn by employees where there is potential for electric shock or burns due to contact with exposed electrical conductors that could contact the head (1915.155(a)(2)). In general, hard hats or protective helmets should resist penetration by objects, absorb the shock of a blow, be water-resistant, and have slow-burning properties. Manufacturers’ instructions explaining proper adjustment and replacement of the suspension and headband should be followed. Employers should replace protective helmets and their suspension systems when damaged or deteriorated, and at intervals specified by the manufacturer. For additional information on head protection, see OSHA Publication 3151-12R-2014, Personal Protective Equipment and ANSI Z89.1-2014, American National Standard for Industrial Head Protection.

1. The hazard assessment provision (1915.152(b)) requires employers to identify the

hazards to which their employees may be exposed and have employees equipped accordingly.

18

2. Head protection must comply with any of the following consensus standards (1915.155(b)(1)):

a. ANSI Z89.1-2009, American National Standard for Industrial Head

Protection (1915.155(b)(1)(i)); or b. ANSI Z89.1-2003, American National Standard for Industrial Head

Protection (1915.155(b)(1)(ii)); or c. ANSI Z89.1-1997, American National Standard for Personnel Protection -

Protective Headwear for Industrial Workers - Requirements (1915.155(b)(1)(iii)).

NOTE: Head protection devices that the employer demonstrates are at least as effective as head protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1915.155(b)(2)).

3. ANSI Z89.1-1997 classifies protective helmets according to the specific impact

(types) and electrical performance requirements they are designed to meet (classes).

a. Type I. Helmets intended to reduce the force of impact resulting from a blow

only to the top of the head.

b. Type II. Helmets intended to reduce the force of impact resulting from a blow which may be received off center or to the top of the head.

NOTE: ANSI Z89.1-1997 eliminated the old Type I and Type II (full brim vs. no encircling brim) design designations. In the 1997 standard, Type I is used to designate vertical impact protection and Type II is used to designate vertical and side impact protection.

c. Class G (General). Class G helmets are intended to reduce the danger of

contact exposure to low-voltage conductors. Test samples are proof-tested at 2,200 volts (phase to ground).

d. Class E (Electrical). Class E helmets are intended to reduce the danger of

exposure to high-voltage conductors. Test samples are proof-tested at 20,000 volts (phase to ground).

e. Class C (Conductive). Class C helmets are not intended to provide protection against contact with electrical conductors.

NOTE: Proof-test voltages for Class G and E helmets are not intended to be an indication of the voltage at which the headgear protects the wearer, but only the level at which they are tested.

19

4. ANSI Z89.1-2003 eliminated redundancy in the previous test methods (ANSI

Z89.1-1997) and recognized state-of-the-art materials performance and technology by removing some physical requirements for helmet components that did not provide added user value. The helmet types and classes are the same as noted above for ANSI Z89.1-1997.

5. ANSI Z89.1-2009 - The significant changes from the 2003 version included three non-mandatory tests:

a. Reverse donning: Hard hats marked with a "reverse donning arrow" can be worn frontward or backward in accordance with the manufacturer’s wearing instructions. They pass all hard hat testing requirements, whether worn frontward or backward.

b. Lower temperature: Hard hats marked with an "LT" indicate that the hard

hat meets all testing requirements of the standard when preconditioned at a temperature of -30°C (-22°F).

c. High visibility: Hard hats marked with an "HV" indicate that the hard hat

meets all testing requirements of the standard for high visibility colors. This includes tests for chromaticity and luminescence.

NOTE: Further guidance on head protection can be found using the Shipyard Employment eTool

F. 1915.156 Foot protection.

CSHOs must determine compliance by employers with foot protection requirements using 29 CFR 1915.156. Employers must ensure that employees wear protective footwear when working in areas where there is a danger of foot injuries from falling or rolling objects, or objects piercing the sole (1915.156(a)).

1. The hazard assessment provision (1915.152(b)) requires employers to identify the

hazards to which their employees may be exposed and have employees equipped accordingly.

2. Protective footwear must comply with any of the following consensus standards

(1915.156(b)(1)):

a. ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear (1915.156(b)(1)(i)); or

b. ANSI Z41-1999, American National Standard for Personal Protection-

Protective Footwear (1915.156(b)(1)(ii)); or

20

c. ANSI Z41-1991, American National Standard for Personal Protection- Protective Footwear (1915.156(b)(1)(iii)).

NOTE: Protective footwear that the employer demonstrates is at least as effective as protective footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section (1915.156(b)(2)). The manufacturer’s instructions and the distributor’s literature are not, in themselves, evidence of effectiveness.

For additional information on foot protection, see OSHA Publication 3151-12R-2004, Personal Protective Equipment. The following are some examples of foot (or lower leg) protection: • Metatarsal guards are designed to protect the top of the foot from the toes to

the ankle over the instep of the foot. This protection is required when there is a potential for injury to that part of the foot from impact or compression hazards. Examples include handling heavy pipes or similar activities where loads could drop on or roll over an employee’s foot. These guards are made of aluminum, steel, composites, fiber or plastic, and may be attached to the outside of shoes.

• Toe guards fit over the toes of regular shoes to protect the toes from impact

and compression hazards. They may be made of steel, aluminum, or plastic.

NOTE: ANSI Z41-1991, American National Standard for Personal Protection - Protective Footwear, which is incorporated by reference, requires at Paragraph 1.4 that the toe box be incorporated into the footwear during construction and must be an integral part of the footwear.

• Combination foot and shin guards protect the lower legs and feet, and may be used in combination with toe guards when greater protection is needed.

• Safety shoes or boots provide protection against impact (impact resistant

toes), compression and puncture hazards, and have heat resistant soles that protect against hot work surfaces.

• Electrically conductive shoes provide protection against the buildup of static

electricity. Employees working in explosive or potentially locations must wear conductive shoes to reduce the risk of static electricity buildup on the body that could produce a spark and cause an explosion or fire. Foot powder should not be used with protective conductive footwear because foot powder provides insulation and reduces the conductive ability of the shoes. Silk, wool, and nylon socks can produce static electricity and should not be worn with conductive footwear. Conductive shoes must be removed when the task requiring their use is completed.

21

NOTE: Conductive protective footwear shall not be used by personnel working near open electrical circuits and shall be worn only in environment’s for which they are intended, for additional information see ANSI Z41-1999, American National Standard for Personal Protection- Protective Footwear (1915.156(b)(1)(ii)).

• Electrical hazard, safety toe shoes or boots are intended to provide protection against open circuits of 600 volts or less under dry conditions. This footwear is designed to reduce hazards due to contact with electrically energized parts and is only intended to provide secondary electrical hazard protection on surfaces that are substantially insulated. They also provide toe protection.

NOTE: The employer shall ensure that each effected employee use protective footwear when working in areas where there’s danger of an electrical hazard, such as a static-discharge or electric-shock hazard and remains on even after the employer takes other necessary protective measures, for additional information see 1910.136(a). NOTE: Electrical hazard protective footwear is not is not intended for wear in work environments where volatile chemicals or explosives may be present, for additional information see ANSI Z41-1999, American National Standard for Personal Protection- Protective Footwear (1915.156(b)(1)(ii)). NOTE: Employees should avoid wearing electrical protective footwear in wet environments and often inspect the soles and heels for excessive wear to prevent an electrical hazard, see ANSI Z41-1999, American National Standard for Personal Protection- Protective Footwear (1915.156(b)(1)(ii)).

• Foundry shoes have safety toe protection, insulate the feet from the extreme

heat of molten metal, and keep hot metal from lodging in shoe eyelets, tongues, or other shoe parts. These snug fitting leather or leather substitute shoes have leather or rubber soles and rubber heels.

G. 1915.157 Hand and body protection.

CSHOs must determine compliance by employers with hand and body protection requirements using 29 CFR 1915.157. Employers must select and require affected employees to use appropriate hand and body protection when their hands and other parts of their bodies are exposed to hazards such as: skin absorption of harmful substances, severe cuts or lacerations, severe abrasions, punctures, chemical burns, thermal burns, harmful temperature extremes, and sharp objects. All affected employees who face possible bodily injury of any kind that cannot be completely eliminated through engineering, work practice or administrative controls must wear appropriate body protection while performing their jobs. For additional information on hand and body protection, see OSHA Publication 3151-12R-2004, Personal Protective Equipment.

22

1. 1915.157(a) requires employers to ensure that affected employees use appropriate

PPE when their hands and other parts of their bodies are exposed to hazards that could result in injuries. Hazards addressed include severe cuts or lacerations, severe abrasions, punctures, chemical burns, thermal burns, harmful temperature extremes, and sharp objects. Examples of body protection include laboratory coats, coveralls, vests, jackets, aprons, and full body suits.

The following are some types of materials used in hand and body protection that an employer may provide to comply with 1915.157: • Paper-like fiber is used for disposable suits or coveralls (such as Tyvek®

coveralls) to provide protection against dust and splashes (when coated with a substance that renders the garment impervious to the material that splashes on it).

• Treated wool and cotton adapts well to changing temperatures, is

comfortable, fire-resistant and protects against dust, abrasions and rough and irritating surfaces.

• Duck is a closely woven cotton fabric that provides protection against cuts

and bruises when handling heavy, sharp or rough materials. • Leather aprons and chafing gear are used to protect against dry heat and

flames. • Rubber, rubberized fabrics, neoprene and plastics provide protection

against certain chemicals and physical hazards. When chemical or physical hazards are present, check with the clothing manufacturer to ensure that the material selected will provide protection against the specific hazard.

• Leather gloves protect against sparks, moderate heat, impact, chips and rough

objects. • Aluminized gloves provide reflective and insulating protection against heat

and require an insert made of synthetic materials to protect against heat and cold.

• Aramid fiber gloves wear well and resist heat and cold, abrasion, cuts and

slashes, and protect against flying fragments. • Synthetic gloves of various materials offer protection against heat and cold,

are cut- and abrasive-resistant, and may withstand some diluted acids. These materials do not stand up against alkalis and solvents.

23

• Fabric gloves protect against dirt, slivers, chafing and abrasions. They do not provide sufficient protection for use with rough, sharp, or heavy materials. Adding a plastic coating will strengthen some fabric gloves.

• Coated fabric gloves are normally made from cotton flannel with napping on

one side. Fabric gloves with plastic coating on the unnapped side are general-purpose hand protection with some slip-resistant qualities. Thus, these gloves are used for tasks such as handling bricks, wire, and chemical laboratory containers. While this type of glove may offer some protection against certain levels of chemical exposure employers must verify that those selected gloves will adequately protect employees where chemical hazards are present. The manufacturer’s product information, the Material Safety Data Sheet for the chemical, and Appendix A to Subpart I of Part 1915 can assist employers in selecting the most appropriate gloves.

• Chemical-resistant gloves protect the hands from skin contact and absorption

of harmful substances. They may be made of rubber, neoprene, polyvinyl alcohol, butyl rubber, etc. The gloves protect the hands against material such as, but not limited to, corrosives, oils and chlorinated solvents. NIOSH’s “Recommendations for Chemical Protective Clothing Database” can assist employers.

• Butyl rubber gloves are a type of synthetic rubber that protects against a

wide variety of chemicals, such as peroxide, rocket fuels, highly corrosive acids (e.g., nitric acid, sulfuric acid, hydrofluoric acid, and red-fuming nitric acid), strong bases, alcohols, aldehydes, ketones, esters, and nitro compounds. Butyl gloves also resist oxidation, ozone corrosion, and abrasion and remain flexible at low temperatures. Butyl rubber does not perform well with aliphatic and aromatic hydrocarbons and halogenated solvents.

• Natural rubber (latex) gloves are worn for general-purpose use. They

feature outstanding tensile strength, elasticity, and temperature resistance. In addition to resisting abrasions caused by grinding and polishing, these gloves protect employees’ hands from most water solutions of acids, alkalis, salts, and ketones. Latex gloves have caused allergic reactions in some individuals and may not be appropriate for all employees. Hypoallergenic gloves, glove liners, and powderless gloves are possible alternatives for employees who are allergic to latex gloves.

• Neoprene gloves are a type of synthetic rubber that offers good pliability,

finger dexterity, high density and tear resistance. They protect against hydraulic fluids, gasoline, alcohols, organic acids and alkalis. They generally have chemical and wear-resistance properties superior to those made of natural rubber (latex).

• Nitrile gloves are made of a copolymer and provide protection from some

solvents (check with glove manufacture for specific solvents). Although

24

intended for jobs requiring dexterity and sensitivity, nitrile gloves stand up to heavy use even after prolonged exposure to substances that cause other gloves to deteriorate. They offer protection when working with oils, greases, acids, caustics, and alcohols but are generally not recommended for use with strong oxidizing agents, aromatic solvents, ketones, and acetates.

NOTE: Refer to NIOSH’s Recommendations for Chemical Protective Clothing database for additional information. NOTE: Most chemical glove manufacturers provide recommendations based on the chemicals used and even the type of protection needed (such as immersion versus splash). Many of these recommendations are available from the manufacturers online.

2. 1915.157(b) requires employers to ensure that no employee wears clothing

impregnated or covered, in full or in part, with flammable or combustible materials (such as grease or oil) while engaged in hot work operations or working near an ignition source.

3. 1915.157(c) requires employers to ensure that employees wear protective

electrical insulating gloves and sleeves, or other electrical protective equipment that provides equivalent protection when employees are exposed to electrical shock hazards while working on electrical equipment. This is identical to the previous rule except that the standard now provides for the use of “other electrical protective equipment.” Examples of electrical protective equipment include: insulating blankets, matting, covers, line hoses, and gloves and sleeves made of rubber.

NOTE: The 1915.157(c) standard only requires employees to wear electrical PPE if exposed to electrical hazards, and does not address the condition/maintenance of such equipment. The 1910.137(b) standard applies on vessels and on shore, requiring electrical PPE to be maintained in a safe environment and reliable condition.

H. 1915.158 Lifesaving equipment.

CSHOs must determine compliance by employers with lifesaving equipment requirements using 29 CFR 1915.158. The May 1996 final shipyard employment PPE rule was editorially revised to clarify compliance requirements and to be consistent with terminology used by the U.S. Coast Guard in 46 CFR Part 160, Coast Guard Lifesaving Equipment Specifications. 1. 1915.158(a)(1) requires that personal flotation devices (PFDs), such as life

preservers, life jackets, and buoyant work vests, worn by affected employees must be approved by the U.S. Coast Guard pursuant to 46 CFR Part 160 as a Type I PFD, Type II PFD, Type III PFD, or Type V PFD; and marked for use as a “work vets,” for “commercial use,” or “for use on vessels.”

25

NOTE: The US Coast Guard recently modified the 46 CFR Part 160 PFD requirements (79 FR 56491) to remove reference of Type codes for describing PFDs. Instead, PFDs will be described as either “throwable” or “wearable” and referenced by specific approval categories (i.e. Model 3, 52, etc.) that correlates with the section number from 46 CFR Part 160. The new labeling requirements will not affect existing PFDs and PFDs so marked by Type are acceptable and meet the requirements of 1915.158(a)(1) as long as they remain in serviceable condition.

2. 1915.158(a)(2) requires the inspection of PFDs for dry rot, chemical damage or

other defects that may affect their strength and buoyancy prior to each use and their removal from use if defective.

3. 1915.158(b)(1)-(b)(5) specifies the requirements for ring life buoys (life rings)

and vessel ladders.

NOTE: Employers must ensure that their employees properly don, doff, adjust, and wear PFDs when required. See 1915.152(e) Training.

I. 1915.159 Personal fall arrest systems.

CSHOs must determine compliance by employers with personal fall arrest system requirements in 29 CFR 1915.159. This rule sets performance criteria and requirements for the use of personal fall arrest systems.

NOTE: Effective January 1, 1998, body belts and non-locking snaphooks are no longer acceptable for use as part of a personal fall arrest system used in shipyard employment. Final rule 1915.159(b)(6), which sets the system performance criteria for personal fall arrest systems, became effective August 22, 1996. For further guidance, see Appendix B of 29 CFR Part 1915, Subpart I, General Testing Conditions and Additional Guidelines for Personal Fall Protection Systems (Non-mandatory) and Appendix A of 29 CFR Part 1915, Subpart I, Non-mandatory Guidelines for Hazard Assessment, Personal Protective Equipment (PPE) Selection, and PPE Training Program.

1. 1915.159(a)(1) requires that connectors be made of drop-forged, pressed, or

formed steel, or materials equivalent in strength.

2. 1915.159(a)(2) requires that connectors have a corrosion-resistant finish and that all surfaces and edges be smooth to prevent damage to the interfacing parts of the system.

3. 1915.159(a)(3) requires that D-rings and snaphooks used in these systems be

capable of sustaining a minimum tensile load of 5,000 pounds (22.24 kN).

26

4. 1915.159(a)(4) requires that D-rings and snaphooks be proof-tested to a minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, or being permanently deformed.

5. 1915.159(a)(5) and (a)(6) were interim provisions provided to allow employers an

alternate way to comply with the standard during the phase-out period for non-locking snaphooks.

NOTE: Effective January 1, 1998, non-locking snaphooks are no longer acceptable for use with a personal fall arrest system used in shipyard employment (i.e., locking snaphooks must be used).

6. 1915.159(a)(7) requires that devices used for connection to the horizontal lifeline

on suspended scaffolds, or to horizontal lifelines that may become vertical lifelines on similar work platforms, must be capable of locking in any direction on the lifeline. Because a suspended scaffold or platform could lose its support at either end, the connection device must be able to lock on the lifeline regardless of which end goes down.

7. 1915.159(a)(8) requires that anchorages used for the attachment of personal fall

arrest equipment be independent of any anchorage being used to support or suspend platforms.

8. 1915.159(a)(9) requires that anchorages either be capable of supporting at least

5,000 pounds (22.24 kN) per employee attached or be designed, installed, and used as part of a complete personal fall arrest system that maintains a safety factor of at least two, and is used under the direction and supervision of a qualified person.

9. 1915.159(b)(1) requires that each employee be provided with a separate lifeline

when vertical lifelines are used.

10. 1915.159(b)(2) requires vertical lifelines (droplines) and lanyards to have a minimum tensile (breaking) strength of 5,000 pounds (22.24 kN).

11. 1915.159(b)(3) requires that self-retracting lifelines and lanyards which

automatically limit free fall to 2 feet (0.61 m) or less, be capable of sustaining a minimum static tensile load of 3,000 pounds (13.34 kN) applied to the device with the lifeline or lanyard in the fully extended position.

12. 1915.159(b)(4) requires that self-retracting lifelines and lanyards that do not limit

free-fall distances to 2 feet (0.61 m) or less, ripstitch lanyards, and tearing and deforming lanyards be capable of sustaining a minimum static tensile load of 5,000 pounds (22.24 kN) applied to the device (with the lifeline or lanyard in the fully extended position if such a condition can occur in use).

27

13. 1915.159(b)(5) requires a qualified person to supervise the design, installation, and use of horizontal lifelines. Such horizontal lifelines must only be used as part of a complete personal fall arrest system. The complete personal fall arrest system must maintain a safety factor of at least two.

14. 1915.159(b)(6) sets the systems performance criteria for personal fall arrest

systems that must:

a. Limit the maximum arresting force on a falling employee to 1,800 pounds (8 kN) when used with a body harness;

b. Bring a falling employee to a complete stop and limit the maximum

deceleration distance an employee travels to 3.5 feet (1.07 m); and c. Have sufficient strength to withstand twice the potential impact energy of an

employee free falling a distance of 6 feet (1.83 m), or the free fall distance permitted by the system, whichever is less.

NOTE: This paragraph became effective November 20, 1996. The note to final rule paragraph (b)(6) refers to non-mandatory Appendix B of 29 CFR Part 1915, Subpart I, which provides examples of criteria and protocols for designing and testing personal fall arrest systems that OSHA would consider to be in compliance with the standard.

NOTE: Since January 1, 1998, body belts cannot be used with a personal fall arrest system in shipyard employment.

15. 1915.159(b)(7) requires that personal fall arrest systems be rigged to prevent an

employee from free falling more than 6 feet (1.83 m) or contacting any lower level.

NOTE: There are circumstances that allow an employer to use a personal fall arrest system that permits a free fall of more than 6 feet. In general, OSHA will permit an employer to exceed the 6-foot free fall limit whenever there is no anchorage point to which the employer can attach that will enable the employer to rig the personal fall arrest system to limit the free fall to 6 feet or less – an infeasibility situation. In such cases, the employer may exceed the 6-foot free fall limit but must ensure that the maximum arresting forces (MAF) listed in the standard are not exceeded. Employers need to be aware that some lanyards are only designed for a free fall distance of six feet. If the free fall distance exceeds 6 feet, employees using such lanyards could be at risk of injury. The MAF for an employee using a body harness must be limited to 1,800 pounds. Since January 1, 1998, the use of body belts for fall arrest is prohibited. If an employer must exceed the free fall distance, the employer must be able to document, based on test data, that the forces on the body will not exceed the limits established by the standard and that the personal fall arrest system will

28

function properly. The documentation must include: (1) limiting an arrested fall to six feet is infeasible; (2) the arresting fall distance, though more than 6 feet, is as short as feasible; and (3) reasonable steps have been taken to determine that, (a) the arresting forces will be limited to 1,800 pounds and (b) the system will not fail in an arrested fall.

16. 1915.159(c)(1) requires that the lanyard attachment point of a body harness must be in the center of the wearer’s back near shoulder level or above the wearer’s head.

17. 1915.159(c)(2) requires that ropes and straps (webbing) used in lanyards,

lifelines, and strength components of body harnesses be made from synthetic fibers or wire rope. OSHA has determined, given the difficulty of evaluating the deterioration of natural fiber rope, that natural fiber rope is not reliable for use in a personal fall arrest system. (See preamble to 61 F.R. 26321, Personal Protective Equipment for Shipyard Employment; Final Rule, May 24, 1996).

18. 1915.159(c)(3) requires ropes, harnesses and lanyards to be compatible with all

hardware used. The use of incompatible equipment may cause a fall; or, during arrest of a fall, allow arresting forces to be induced which cause injury.

19. 1915.159(c)(4) requires that lifelines and lanyards be protected against cuts,

abrasions, burns from hot work operations, and deterioration by acids, solvents, and other chemicals.

20. 1915.159(c)(5) requires that personal fall arrest systems be visually inspected

prior to each use for mildew, wear, damage, and any other deterioration. This inspection need not involve testing or impact loading of the system. If there is a reasonable basis to believe that the strength or integrity of the fall arrest system has been weakened, the employer must remove defective or damaged equipment from service. (See preamble to 61 F.R. 26321, Personal Protective Equipment for Shipyard Employment; Final Rule, May 24, 1996).

21. 1915.159(c)(6) requires that personal fall arrest systems and components that

have been subjected to impact loading be immediately removed from service, and not be used again for employee protection until inspected and determined by a qualified person to be undamaged and suitable for reuse.

22. 1915.159(c)(7) requires that the employer provide for prompt rescue of

employees in the event of a fall or ensure that employees who have fallen can rescue themselves. This provision also appears in the proposed general industry rule and in the final rule for construction. OSHA anticipates that employers will evaluate the potential consequences of falls in personal fall arrest systems in their work environments and choose an appropriate means of rescue. When it is not possible to evaluate the self-rescue capacity of employees in advance, employers must ensure that other employees will be prepared to offer rescue assistance.

29

23. 1915.159(c)(8) is no longer a valid provision of the standard since body belts have not been acceptable for use with a personal fall arrest system since January 1, 1998 (full body harnesses must be used).

24. 1915.159(c)(9) requires that personal fall arrest equipment be used exclusively for

employee protection. This equipment must not be used to hoist materials. This provision is intended to prevent the deterioration of personal fall arrest systems that could be caused by improper uses and types of loads.

25. 1915.159(d) requires that employees be trained to understand the application

limits of the equipment and the proper hook-up, anchoring, and tie-off techniques before using any personal fall arrest equipment. Affected employees also must be trained so that they can demonstrate the proper methods of use, inspection, and storage of the equipment. Employees must know how their fall arrest equipment works in order to get the appropriate protection from it. Personal fall arrest system training requirements became effective on August 22, 1996.

J. 1915.160 Positioning device systems.

CSHOs must determine compliance by employers with positioning device system requirements set forth in 29 CFR 1915.160. A positioning device system (rebar positioning device; positioning/restraint lanyard and belt/harness; chain positioning assembly and belt/harness; web positioning assembly and belt/harness; lineman’s body belts; window cleaner’s belts; boatswain’s chairs, etc.) is a system of equipment and hardware components which, when used with a body harness, allows an employee to work with both hands while supported on an elevated vertical surface (such as a bulkhead, ship’s mast, or external ship’s hull).

NOTE: Effective January 1, 1998, non-locking snaphooks are no longer acceptable for use with a positioning device system used in shipyard employment (1915.160(a)(4)). Final rule 1915.160(b)(2), which sets the system performance criteria for positioning device systems, became effective November 20, 1996. Final rule 1915.160(d), positioning device system training, became effective on August 22, 1996. 1. 1915.160(a)(1) requires that all connectors have a corrosion-resistant finish and

that all surfaces and edges be smooth to prevent damage to the attached belt or connecting assembly.

2. 1915.160(a)(2) provides that connecting assemblies, such as snaphooks or D-

rings, have a minimum tensile strength of 5,000 pounds (22.24 kN).

3. 1915.160(a)(3) requires that anchorages for positioning device systems be capable of supporting twice the potential impact load of an employee’s fall.

4. 1915.160(a)(4) requires that snaphooks, unless of a locking type designed and

used to prevent disengagement, must not be connected to each other.

30

NOTE: The use of non-locking snaphooks for use with positioning device systems in shipyard employment has been prohibited since January 1, 1998; since then, only locking type snaphooks are permitted to be used in positioning device systems.

5. 1915.160(b)(1) requires that restraint (tether) lines have a minimum breaking

strength of 3,000 pounds (13.34 kN). This breaking strength is necessary to ensure that the line will hold under worst case conditions.

6. 1915.160(b)(2) requires the following system performance criteria for positioning

device systems:

a. 1915.160(b)(2)(i) requires that window cleaners’ positioning systems be capable of withstanding a drop test involving a 6-foot (1.83 m) drop of a 250-pound (113.4 kg) weight. The system must limit the initial arresting force to not more than 2,000 pounds (8.9 kN), with a duration not to exceed 2 milliseconds, and must limit subsequent arresting forces imposed on the falling employee to not more than 1,000 pounds (4.45 kN). These systems must withstand a more rigorous drop test than other positioning device systems because of their potential for greater free-fall distances.

b. 1915.160(b)(2)(ii) requires that all positioning device systems, other than

window cleaners’ positioning systems, be capable of withstanding without failure a drop test consisting of a 4-foot (1.22 m) drop of a 250-pound (113.4 kg) weight. Positioning device systems which comply with the provisions of Section 2 of Appendix B of 29 CFR Part 1915, Subpart I, will be deemed by OSHA to meet the requirements of this paragraph.

7. 1915.160(c)(1) requires the inspection of positioning device systems before each

work shift for mildew, wear, damage, and other deterioration. Defective components identified in such inspections must be removed from service.

8. 1915.160(c)(2) requires that positioning device systems or components subjected

to impact loading be removed immediately from service, and not be used again for employee protection unless inspected and determined by a qualified person to be undamaged and suitable for reuse. This requirement is necessary to ensure that systems used for employee protection still meet the performance criteria for such systems before they are reused.

9. 1915.160(d) provides that employees must be trained in the application limits,

proper hook-up, anchoring and tie-off techniques, methods of use, inspection, and storage of positioning device systems before they may use those systems. This provision emphasizes the importance of employee training in the safe use of positioning device systems. For these systems to provide employee protection, two elements are essential: the systems must be designed and used in accordance with stated performance criteria; and the employee(s) using the system must be

31

adequately trained in the safe use of the system. Positioning device system training requirements became effective August 22, 1996.

K. 1910.95 Hearing protection (Occupational Noise Exposure).

The 1910.95 provisions for hearing protection apply to shipyard employment. CSHOs must determine whether employers require each affected employee to wear hearing protection when permissible noise exposure levels are exceeded for a specified time (duration per day, in hours) and feasible administrative or engineering controls fail to reduce the noise level. Employee exposure to excessive noise is determined by a number of factors including the noise level(s) as measured in decibels (dB), the duration of exposure to noise, whether employees move between work areas with different noise levels, and whether noise is generated from one or multiple sources.

1. The Permissible Noise Exposures table below is from the OSHA noise standard;

Table G-16 at 1910.95(b)(2). In general, the louder the noise (sound level), the shorter the period during which employees may be exposed without requiring hearing protection.

Permissible Noise Exposures

Duration per day, in hours

Sound level dBA in slow response

8 90 6 92 4 95 3 97 2 100

1½ 102 1 105 ½ 110

¼ or less 115

As part of a continuing, effective hearing conservation program (1910.95(c)), employers must make hearing protection available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater measured on the A scale (slow response) at no cost to the employees.

2. The provisions of 1910.95(c) require employers to ensure that hearing protection

is provided to, and worn by, all employees who are exposed to an 8-hour time-weighted average of 85 decibels or greater, or who are required by 1910.95(b)(1) to wear personal protective equipment, and

a. have not yet had a baseline audiogram established pursuant to

1910.95(g)(5)(ii) as required by 1910.95(i)(2)(ii)(A); or

32

b. have experienced a standard threshold shift (1910.95(i)(2)(ii)(B)).

3. Hearing protection equipment must be replaced as necessary (1910.95(i)(1)), as all types of PPE have a limited life span. For example, the foam seal on earmuffs, flanges on rubber earplugs, and foam earplugs all lose their elasticity over time. As hearing protectors wear out, their attenuation properties are diminished. Also, the headband on earmuffs can relax so that the earmuffs no longer provide a snug fit. Although some foam plugs can be washed several times in mild soap and water, they should usually be changed every day or two, especially in dusty or oily environments. They should not be removed with dirty hands if they are expected to be reused, as reinsertion of dirty plugs may cause ear infections.

4. Employees must be given the opportunity to select hearing protection from a

variety of suitable equipment provided by the employer (1910.95(i)(3)).

NOTE: For example, employers must give employees a choice between at least one type of earplug and one type of earmuff since individuals may be more comfortable in one type of protection than in the other.

5. The employer must provide training in the use and care of all hearing protection

provided to employees (1910.95(i)(4)). 6. The employer must ensure proper initial fitting and supervise the correct use of all

hearing protection (1910.95(i)(5)). 7. Hearing protector attenuation. CSHOs must determine whether the employer has

evaluated hearing protector attenuation for the specific noise environments in which the protector will be used. The employer must use one of the evaluation methods described in 29 CFR 1910.95 Mandatory Appendix B: Methods for Estimating the Adequacy of Hearing Protection Attenuation (1910.95(j)(1)). The OTM Section III: Chapter 5 - Noise, provides useful information related to the potential health effects, noise standards limits, evaluation of noise exposures, and requirements for an effective hearing conservation program, including:

• Monitoring program;

• Audiometric testing program;

• Hearing protection devices (HPDs);

• Employee training and education; and

• Recordkeeping.

8. Hearing protectors must attenuate employee exposure at least to an 8-hour time-

weighted average of 90 decibels as required by paragraph (b) of the standard (1910.95(j)(2)).

33

9. For employees who have experienced a standard threshold shift, hearing

protectors must attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or below (1910.95(j)(3)).

10. The adequacy of hearing protector attenuation must be re-evaluated whenever

employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. Employers must provide more effective hearing protectors where necessary (1910.95(j)(4)).

11. General information on some types of hearing protectors:

a. Single use earplugs are made of waxed cotton, foam, silicone, rubber, or

fiberglass wool. They are self-forming and, when properly inserted, they work as well as most molded earplugs.

b. Pre-formed or molded earplugs need to be individually fitted by a

professional and can be disposable or reusable. Reusable plugs need to be cleaned after each use.

c. Earmuffs or Noise Cancelling Headseats require a complete seal around the

ears. Glasses, facial hair, long hair or facial movements (such as chewing) may reduce the protective value.

L. Appendix A to Subpart I of Part 1915 – Non-Mandatory Guidelines for Hazard

Assessment, Personal Protective Equipment (PPE) Selection, and PPE Training Program.

Appendix A of 29 CFR Part 1915, Subpart I (Shipyard Employment PPE), provides suggested guidelines for complying with the requirements for hazard assessment for the selection of PPE. OSHA added Appendix A to the shipyard PPE standard to provide some examples of guidelines which an employer may follow in complying with OSHA’s performance-oriented final rule.

M. Appendix B to Subpart I of Part 1915 – General Testing Conditions and

Additional Guidelines for Personal Fall Protection Systems (Non-Mandatory).

Appendix B of 29 CFR Part 1915, Subpart I (Shipyard Employment PPE) contains testing methods and other information to assist employers in complying with the performance-oriented criteria for personal fall arrest systems and positioning device systems contained in this standard.

XV. Employer Obligations to Provide and Pay for Personal Protective Equipment (PPE).

The PPE standards, 29 CFR 1915.151 through 1915.160, establish the employer’s obligation to provide PPE to employees. In particular, 29 CFR 1915.152(a) states: “The employer shall provide and shall ensure that each affected employee uses the appropriate

34

personal protective equipment (PPE) for the eyes, face, head, extremities, torso, and respiratory system, including protective clothing, protective shields, protective barriers, personal fall protection equipment, and lifesaving equipment, meeting the applicable provisions of this subpart, wherever employees are exposed to work activity hazards that require the use of PPE.” A. Summary.

OSHA’s final rule for Employer Payment for Personal Protective Equipment requires employers to pay for the PPE used to comply with OSHA standards, with specific exceptions. 72 F.R. 64341-64430 (November 15, 2007).

B. Background.

Many OSHA safety and health standards require employers to provide their employees with specific protective equipment, including personal protective equipment (PPE), when such equipment is necessary to protect employees from job related injuries, illnesses, and fatalities. These requirements address PPE such as: hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, face shields, chemical protective equipment, and fall protection equipment. OSHA standards requiring PPE state that the employer is to provide such PPE but some of these provisions do not state that the employer is to provide such PPE at no cost to the employee.

OSHA’s final rule for Employer Payment for Personal Protective Equipment adds explicit employer payment requirements to PPE provisions applicable to most industries including the shipyard employment PPE provisions at 29 CFR 1915. See 72 F.R. 64341-64430 (November 15, 2007).

The rule did not change existing OSHA requirements for the types of PPE that must be provided. Instead, the rule merely clarified that employers must pay for the PPE that is required to comply with OSHA standards, except in the limited cases specified by the standards.

The final rule for Employer Payment for Personal Protective Equipment became effective February 13, 2008. The compliance deadline was May 15, 2008. This instruction provides enforcement guidance on the payment responsibilities of employers under Part 1915 OSHA standards requiring the use of PPE.

The PPE payment regulatory text for shipyard employment can be found at 1910.152(f)(1) through (f)(7). The provisions applicable to other OSHA Parts are noted below.

C. PPE that is required to be provided at no cost to employees.

PPE Payment Standards for Covered Industries

35

1. Employers must provide, at no cost to employees, the PPE that is used to comply with the provisions in Parts 1910, 1915, 1917, 1918, and 1926 that require PPE.

2. Employers must provide at no cost to employees, the PPE that is necessary to

protect against the hazards that the employer is aware of as a result of any assessments required by those Parts.

In some provisions, such as 1915.152(b), there is an explicit requirement to perform a hazard assessment. In others, such as 1926.95(a), the requirement to provide PPE “wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact” implies a duty to determine whether such hazards exist.

3. Generally, employers must provide PPE at no cost to their employees.

a. CSHOs should determine all relevant factors that establish the existence of an employer-employee relationship. The nature and degree of control asserted over the work is one of many factors in examining whether an employer-employee relationship is present. Other factors include the level of skill required to perform effectively, the source of required instruments and tools, the location of the work, the duration of the relationship between the parties, the right of the employer to assign new projects to the individual, the extent of the individual’s control over when and how long to work, the method of payment, the individual’s role in hiring and paying assistants, whether the work is the regular business of the employer, the provision of employee benefits, and the tax treatment of the individual. If a difficult question arises, consult the Regional Solicitor.

b. As noted above, the final rule applies to general industry, shipyard

employment, marine terminals, longshoring, and construction. The PPE payment requirements apply to all employers in these industries including those with short-term employees -- whether referred to as temporary employees, piece workers, seasonal employees, hiring hall employees, labor pool employees, or transient employees.

c. If an employer-employee relationship is established, the employer must

provide PPE at no cost to that employee. A truly self-employed “independent

General Industry 1910.132(h)(1) through (h)(7) Shipyard Employment 1915.152(f)(1) through (f)(7) Marine Terminals 1917.96(a) through (g) Longshoring 1918.106(a) through (g) Construction 1926.95(d)(1) through (d)(7)

36

contractor” is not an “employee” under the OSH Act. CSHOs should scrutinize claims that employees involved in ship repairing, shipbuilding, shipbreaking and related employments are in fact truly independent contractors.

NOTE: A common misconception occurs among the industry workforce for workers classified as an “independent contractor” by the IRS. This classification is for tax purposes only and has no relevance regarding the determination of an employer-employee relationship for the purposes of safety and health.

4. Employers must provide, at no cost to employees, metatarsal guards attachable to

shoes when metatarsal protection is necessary (1915.152(f)(3)). If metatarsal protection is necessary under OSHA standards, and an employer requires employees to use metatarsal shoes instead of detachable guards, the employer is required to provide the metatarsal shoe at no cost to the employee. If the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to pay for the metatarsal shoes or boots.

5. An employer must provide, at no cost to employees, upgraded PPE that the

employer chooses to use to meet OSHA PPE requirements. OSHA standards set minimum requirements but if employers choose a more expensive way to comply, then they have to provide the “upgraded” PPE at no cost to employees.

D. Examples of PPE that employers must provide at no cost to employees. The list

below provides examples of PPE items that an employer is required to provide at no cost to employees under the PPE payment rule in complying with an OSHA standard. This table is not intended to be exhaustive.

EXAMPLES OF PPE FOR WHICH EMPLOYER PAYMENT IS

REQUIRED WHEN USED TO COMPLY WITH AN OSHA STANDARD Metatarsal foot protection. Special boots for longshoremen working logs. Rubber boots with steel toes. Shoe covers, toe caps, and metatarsal guards. Non-prescription eye protection. Prescription eyewear inserts/lenses for full facepiece respirators. Prescription eyewear inserts/lenses for welding and diving helmets. Goggles. Face shields. Laser safety goggles. Firefighting PPE (helmet, gloves, boots, proximity suits, full gear). Hard hats. Hearing protection. Welding PPE. Items used in medical/laboratory settings to protect from exposure to infectious

37

agents (aprons, lab coats, goggles, disposable gloves, shoe covers, etc.). Non-specialty gloves:

• Payment is required if they are PPE, such as for protection from dermatitis, severe cuts/abrasions.

• Payment is not required if they are only for keeping clean or for cold weather (with no safety or health considerations).

Rubber sleeves. Aluminized gloves. Chemical resistant gloves/aprons/clothing. Barrier creams (unless used solely for weather-related protection). Rubber insulating gloves. Mesh cut proof gloves, mesh or leather aprons. Self-Contained Breathing Apparatus (SCUBA), atmosphere supplying respirators (escape only). Respirators. Personal fall protection. Ladder safety device belts. Climbing ensembles used by linemen (for example, belts and climbing hooks). Window cleaners’ safety straps. Personal Flotation Devices (life jackets). Encapsulating chemical protective suits. Reflective work vests. Bump caps.

E. Exceptions to the PPE Payment Rule (i.e., PPE that the rule does not require to

be provided at no cost to employees). Non-Specialty PPE or Ordinary Safety Equipment (Examples)

• Safety-toe protective footwear (leather/steel toe shoes/boots). • Prescription safety eyewear (ordinary).

Specialty PPE (Examples) • Rubber boots with steel toes. • Prescription eyewear inserts/lenses for welding and diving helmets.

1. Non-specialty safety-toe protective footwear if the employer allows the

employee to wear it off the job site. (See 29 CFR 1910.132(h)(2); 1915.152(f)(2); 1917.96(b); 1918.106(b); 1926.95(d)(2)).

2. Non-specialty prescription safety eyewear if the employer allows the employee

to wear it off the job site. (See 29 CFR 1910.132(h)(2); 1915.152(f)(2); 1917.96(b); 1918.106(b); 1926.95(d)(2)).

3. Metatarsal shoes (shoes with integrated metatarsal protection) as long as the

employer allows the use of and provides, at no cost to employees, metatarsal guards attachable to shoes when metatarsal protection is required by OSHA

38

standards. (See 29 CFR 1910.132(h)(3); 1915.152(f)(3); 1917.96(c); 1918.106(c); 1926.95(d)(3)).

4. Logging boots required by 1910.266(d)(1)(v). The logging standard does not

require employers to pay for the logging boots required by 1910.266(d)(1)(v), but leaves the responsibility for payment open to employer and employee negotiation. The final PPE payment rule excludes this PPE from the employer payment requirement. (See 29 CFR 1910.132(h)(4)(i)).

5. Everyday clothing. Long-sleeved shirts, long pants, street shoes, and ordinary fabric or leather work gloves may help employees avoid workplace injury and have protective value; however, the final rule excludes this everyday clothing from the employer payment rule. (See 29 CFR 1910.132(h)(4)(ii); 1915.152(f)(4)(i); 1917.96(d)(1); 1918.106(d)(1); 1926.95(d)(4)(i)).

6. Ordinary clothing used solely for protection from weather. Employers are not

required to pay for ordinary clothing, skin creams, or other items used solely for protection from weather such as winter coats, jackets, gloves, and parkas that employees would normally have to protect themselves from the elements. (See 29 CFR 1910.132(h)(4)(iii); 1915.152(f)(4)(ii); 1917.96(d)(2); 1918.106(d)(2); 1926.95(d)(4)(ii)). NOTE: In the rare case that ordinary weather gear is not sufficient to protect the employee and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions, the employer is required to pay for such protection. Clothing used in artificially-controlled environments with extreme hot or cold temperatures, such as freezers, is not considered part of the weather gear exception.

7. Replacement PPE when the employee has lost or intentionally damaged the

PPE. Existing PPE standards require that the employer provide replacement PPE used to comply with OSHA standards as necessary, when the PPE no longer provides the protection it was designed to provide, or when the previously provided PPE is no longer adequate or functional. The final rule clarifies that when an employee has lost or intentionally damaged the PPE issued to him or her, an employer is not required to pay for its replacement and may require the employee to pay for such replacement. (See 29 CFR 1910.132(h)(5); 1915.152(f)(5); 1917.96(e); 1918.106(e); 1926.95(d)(5)).

8. Employee-owned PPE.

a. This exception refers to PPE that employees already own and request to use

(and are allowed by the employer to use) instead of the PPE that the employer provides at no cost to employees.

b. This exception also refers to upgraded PPE that employees want to buy and

use (and that the employer allows) instead of the PPE that the employer provides at no cost to employees.

39

c. The PPE payment rule recognizes that employees may wish to use PPE they

already own. If the employer determines that the PPE is adequate and allows them to use the PPE instead of the PPE the employer has provided at no cost to employees, then the rule does not require the employer to reimburse the employee. However, the rule also makes clear that employers cannot require employees to provide their own PPE or to pay for their own PPE, unless such PPE is specifically exempted by the standard. The employee’s use of PPE that he or she owns must be completely voluntary and not a condition of employment, continuing employment, or a condition for placement in a job. (See 29 CFR 1910.132(h)(6); 1915.152(f)(6); 1917.96(f); 1918.106(f); 1926.95(d)(6)).

NOTE: OSHA recognizes that in certain emergency situations, such as response to a natural disaster, where immediate action is required, it may be necessary for employers to hire or select employees already in possession of the appropriate PPE.

NOTE: Where employees provide their own protective equipment, employers have a duty under 1915.152(a), (c) and (d) to ensure the adequacy of the equipment, including proper maintenance and sanitation of the equipment.

9. Upgraded and Personalized PPE.

a. An employer does not have an obligation to pay for PPE requested by an

employee that exceeds the PPE requirements, provided that the employer provides PPE that meets the standards at no cost to the employee.

b. If the employer allows the employee to acquire and use upgraded or

personalized PPE, the employer is not required to reimburse the employee for the equipment, provided that the employer has provided adequate PPE at no cost to the employee.

c. An employer is still required to evaluate an employee’s upgraded or

personalized PPE to ensure that it is: adequate to protect from hazards present in the workplace, properly maintained, and kept in a sanitary condition.

10. Examples of PPE and Other Items Exempted from the Employer Payment

Requirements.

The list below provides examples of PPE and other items that an employer is not required to provide at no cost.

EXAMPLES OF PPE AND OTHER ITEMS EXEMPTED FROM THE EMPLOYER PAYMENT REQUIREMENTS

Non-specialty safety-toe protective footwear (such as, steel-toe shoes/boots). Non-specialty prescription safety eyewear.

40

Sunglasses/sunscreen. Sturdy work shoes. Non-specialty slip-resistant, non-safety-toe footwear. Lineman’s boots. Ordinary cold weather gear (coats, parkas, cold weather gloves, and winter boots). Logging boots required under 1910.266(d)(1)(v). Ordinary rain gear. Back belts. Long-sleeve shirts. Long pants. Dust masks and respirators used under the voluntary use provisions in 1910.134. Items worn to keep employees clean for purposes unrelated to safety or health (denim coveralls, aprons). Items worn for product or consumer safety (not employee safety and health). For example: hairnets worn solely to protect food products from contamination, that is not used to comply with machine guarding requirements; and plastic or rubber gloves worn solely to prevent food contamination during meal preparation (This would not include cut proof gloves worn to prevent lacerations). Items worn for patient safety and health not employee safety and health. Uniforms, caps or other clothing worn solely to identify a person as an employee. Travel time and related expenses for employees to shop for PPE.

F. Permissible Use of PPE.

1. An employer may allow PPE to be used off the job site; - however, they still must

provide the required PPE at no cost to employees, even if use of the PPE is allowed off-site. NOTE: Some substance-specific OSHA standards require that PPE remain at the job site.

2. An employer may require that PPE provided at no cost to the employee remain at

the worksite in, for example, lockers or other storage facilities.

NOTE: If for any reason an employer requires, employees to leave their non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty safety eyewear at the worksite, the employer must provide that PPE at no cost to employees.

3. Employers can use policies such as allowances, replacement schedules, and fair

and uniformly enforced work rules to ensure that employees properly use and care for employer-provided PPE so long as the policies ensure that employees receive replacement PPE at no cost to them as required by the rule.

4. Recovery of PPE.

a. The rule does not prohibit the employer from requiring the employee to return the PPE (provided at no cost) upon termination of employment. If an

41

employee quits his/her job and does not return the employer’s PPE, the employer may require the employee to pay for it or take reasonable steps to retrieve the PPE.

b. Employers who employ short-term and part-time employees may require

employees to return employer-owned PPE at the end of the day or when they terminate employment, and may use a deposit system or other mechanism to help ensure that such employees return the PPE.

5. Payment for Replacement PPE.

a. Employers are required to replace PPE following the criteria in OSHA’s existing standards governing when PPE is required to be replaced. For example: “Hearing protectors shall be replaced as necessary,” under 29 CFR 1910.95(i)(1) means that employers must replace worn-out hearing protectors.

b. Employers must provide replacement PPE at no cost to the employee, except

when the employee has lost or intentionally damaged the PPE. c. Employers do not have to bear the cost of replacing PPE that the employee

has lost even if it is a single instance. The PPE may be considered “lost” if the employee comes to work without the issued PPE.

d. The rule does not prohibit employers from sending employees home to

retrieve the PPE or from charging an employee for replacement PPE when the employee fails to bring the PPE back to the workplace.

e. Employers are free to develop and implement workplace rules, such as

reasonable and appropriate disciplinary policies, replacement schedules, and allowances, to ensure that employees have and use the PPE that the employer has provided at no cost to employees.

f. The employer has an obligation to pay for replacement PPE when the working

conditions have changed such that PPE an employee has provided at his/her cost, and which was not previously required to comply with an OSHA standard, later becomes required by an OSHA standard.

g. If the employee has provided PPE at his/her own cost that is no longer

adequate, the employer must pay for the replacement PPE that is required to comply with the rule unless the employee voluntarily decides to provide and pay for his or her own replacement PPE, which may occur if the employee wants personalized or upgraded PPE. However, • the employer is prohibited from requiring employees to provide their own

PPE unless exempted from the payment standard, and • the employer must pay for replacement PPE if the employee no longer

volunteers his or her own PPE for workplace use.

42

G. Other PPE Guidance and Information.

1. Reflective Clothing.

CSHOs must cite Section 5(a)(1) of the OSH Act and not 29 CFR 1915.152(a), for failure to provide employees high visibility, reflective, or warning clothing or vests for any violations identified in shipyard employment.

2. Other Flame Resistant (FR) Clothing.

Employers are required to provide, at no cost to employees, FR clothing for applications such as, but not limited to, the handling of flammable chemicals. CSHOs must cite 29 CFR 1910.132(a), for failure to provide and ensure the use of FR clothing necessary to protect employees from burns due to flash fires.

CSHOs must cite 29 CFR 1910.132(b), for failure to ensure that employee-owned

FR clothing is properly maintained and sanitary. CSHOs must cite 29 CFR 1910.132(c) - for failure to provide FR clothing that is

of safe design and construction for the work being performed. CSHOs may refer to consensus standards such as NFPA 2112 and 2113 for selection, performance and design requirements.

Employers are required to provide, at no cost to employees, personal protective

clothing and equipment for fire response employees. CSHOs will consider citing 1915.505(e)(1)(i), when the employer does not supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties.

XVI. Citation Policy for PPE Payment.

A. 1915 standards requiring PPE to be provided at no cost to the employee. 1. 29 CFR 1915.152(f)(1), Payment for protective equipment. Except as provided

by paragraphs (f)(2) through (f)(6) of this section, the protective equipment, including personal protective equipment, used to comply with this part, must be provided by the employer at no cost to employees. If a standard requiring the use of PPE addresses the issue of payment, then that specific standard must be cited if the employer fails to provide the required PPE at no cost to employees. Below are two examples of Part 1915 standards that address the issue of payment for PPE.

43

2. 29 CFR 1915.1001(h)(2)(i), Asbestos. Employers must select and provide to employees at no cost, the appropriate respirators specified in 29 CFR 1910.134(d)(3)(i)(A); however, employers must not select or use filtering face piece respirators for use against asbestos fibers.

3. 29 CFR 1915.1026(g)(1), Chromium (VI). The employer must provide

appropriate personal protective clothing and equipment, at no cost to employees, and must ensure that employees use such clothing and equipment.

B. Citations for employer failure to pay under 29 CFR 1915.

1. Employers must be cited under 29 CFR 1915.152(f)(1) whenever they charge an

employee for the cost of required PPE they have provided. Employers must be cited under 29 CFR 1915.152(f)(5) when they have failed to pay for replacement PPE at no cost, except in cases where the employee has lost or intentionally damaged the PPE. Citations must be issued under 29 CFR 1915.152(f)(6) when the employer requires an employee to use PPE he or she already owns, unless the PPE is exempted by paragraphs (f)(2) through (f)(5).

2. In cases where an employer is cited for failing to provide PPE, an additional

citation should not be issued for failure to pay for the PPE.

3. Classifications and grouping violations of 29 CFR 1915.152(f) should be in accordance with OSHA Instruction CPL 02-00-160, OSHA Field Operations Manual (FOM), Chapter 4, Violations.

4. Abatement dates for violations of 29 CFR 1915.152(f) must normally not exceed

30 days.

C. Citation scenarios.

The following are examples of potential workplace conditions that would lead to a citation under 29 CFR 1915.152(f):

1. The employer has provided the PPE required by an OSHA standard under Part

1915, but charges the employee for the equipment by deducting the costs of the PPE from the employee’s pay. • The employer would be cited for a violation of 29 CFR 1915.152(f)(1).

2. The employee initially purchases the required PPE and is reimbursed by the employer several months later. • Reimbursement systems that delay payment of PPE should not exceed one

billing cycle or one pay period. The employer would be cited for a violation of 29 CFR 1915.152(f)(1).

44

3. The employer provides and pays for the initial PPE in accordance with another OSHA standard but later charges the employee for replacement PPE. • Provided that the employee has not lost or intentionally damaged the PPE, the

employer would be cited for a violation of 29 CFR 1915.152(f)(5).

4. Initially, an employee voluntarily provides his/her own PPE that the employer would have been required to provide at no cost. However, the employee later decides not to continue using the PPE for work. The employer purchases the required PPE for the employee but charges the employee for it. • Employees may voluntarily use their own equipment without employer

reimbursement provided that the PPE is adequate and the employer allows its use. However, employees may elect to stop volunteering their own equipment. If the employer charges the employee for replacing this PPE, the CSHO should cite for a violation of 29 CFR 1915.152(f)(5).

D. PPE payment questions and answers.

1. Are employers required to pay for lineman belts and hooks when used to

comply with an OSHA standard? Yes. Lineman belts and hooks provide protection to employees from falls while climbing and/or performing work. This equipment is considered PPE and employers must pay for it when it is used to comply with an OSHA standard.

2. Electrical employees may use fiberglass poles known as “hot sticks” to push over power lines when they are working on the lines. Are these poles regarded as PPE? No. While some specific and specialized tools have protective characteristics, such as non-conductive “hot sticks” used by electric utility employees to handle live power lines, this equipment is more properly viewed as an engineering control that isolates the employee from the hazard. Therefore, they are not covered by the PPE payment standard. However, because they are an engineering control method, employers must pay for this equipment.

3. As it pertains to prescription eyewear, would non-specialty safety eyewear furnished with permanent side shields be paid for by the employer? The PPE payment rule specifically exempts non-specialty prescription safety eyewear. Non-specialty safety eyewear worn to protect an employee from impact hazards typically has removable or permanent side shields to provide this protection. Employers are not required to pay for prescription safety eyewear with removable or permanent side shields as long as the employer provides safety eyewear that fits over the employee’s prescription lenses. (See preamble to 72

45

F.R. 64341-64430, Employer Payment for Personal Protective Equipment; Final Rule, November 15, 2007).

4. In some situations, employees are required to wear shoes with a slip-resistant sole that are uniform in color. The employees wear the shoes to and from work and in other places outside of the work environment. These shoes are indistinguishable from ordinary “street” shoes and many different types of shoes with rubber soles. These employees are not exposed to hazards such as crushing or penetrating injuries or falling or rolling objects, requiring safety shoes with steel toes or metatarsal protection. In such cases, would the slip-resistant shoes required here rise to the level of safety footwear with additional protection or more specialized protection, and, therefore, must be provided at no cost? No. The employer is not required to pay for non-specialty shoes that offer some slip-resistant characteristics, but are otherwise just ordinary clothing.

5. What are some examples of equipment that the standard does not require employers to pay for? Employers are not required to pay for items worn to keep an employee clean for purposes unrelated to safety or health (e.g., denim coveralls and aprons worn solely to prevent clothing and/or skin from becoming soiled). In addition, the employer does not have to pay for uniforms, caps, or other clothing worn solely to identify a person as an employee. (See section XV.E.10., Examples of PPE and Other Items Exempted from the Employer Payment Requirements for additional examples.)

46

XVII. PPE Standards Reference Table.

The following table is provided to help identify applicable OSHA standards that require PPE.

General Industry Shipyard Employment

Marine Terminals

Longshoring Construction

1910.28 1910.268 1915.12 1917.22 1918.85 1926.28 1926.453 1910.66 1910.269 1915.13 1917.23 1918.86 1926.52 1926.501 1910.67 1910.272 1915.32 1917.25 1918.88 1926.55 1926.502 1910.94 1910.333 1915.33 1917.26 1918.93 1926.57 1926.551 1910.95 1910.335 1915.34 1917.49 1918.94 1926.60 1926.605 1910.119 1910.1000 1915.35 1917.71 1918.101 1926.62 1926.651 1910.120 1910.1001 1915.51 1917.73 1918.102 1926.64 1926.701 1910.132 1910.1003 1915.53 1917.91 1918.103 1926.65 1926.760 1910.133 1910.1017 1915.73 1917.92 1918.104 1926.95 1926.800 1910.134 1910.1018 1915.77 1917.93 1918.105 1926.96 1926.950 1910.135 1910.1025 1915.135 1917.94 1926.100 1926.951 1910.136 1910.1026 1915.152 1917.95 1926.101 1926.954 1910.137 1910.1027 1915.153 1917.118 1926.102 1926.960 1910.138 1910.1028 1915.154 1917.126 1926.103 1926.963 1910.146 1910.1029 1915.155 1917.152 1926.104 1926.967 1910.156 1910.1030 1915.156 1917.154 1926.105 1926.1101 1910.157 1910.1043 1915.157 1926.106 1926.1126 1910.160 1910.1044 1915.158 1926.250 1926.1127 1910.183 1910.1045 1915.159 1926.300 1926.1153 1910.218 1910.1047 1915.160 1926.302 1926.1204 1910.242 1910.1048 1915.504 1926.303 1926.1206 1910.243 1910.1050 1915.505 1926.304 1926.1211 1910.252 1910.1051 1915.1001 1926.353 1926.1410 1910.261 1910.1052 1915.1026 1926.354 1926.1423 1910.262 1910.1096 1926.416 1926.1431 1910.265 1910.1450 1926.451 1910.266

OSHA Standards that Require PPE 1

1 Other PPE requirements may be enacted from time to time. This list is not definitive.